Category: Evidence

Generally, evidence of other crimes or bad acts is not admissible in a criminal trial in Tennessee when its only purpose would be to prove conforming conduct (under the reasoning that a jury should consider only the offense charged and not other bad things the accused may have done). However, it may admissible if relevant

Circumstances under which evidence from a warrantless blood draw of a person suspected of driving under the influence (DUI) have been the subject of much legal argument since the U.S. Supreme Court decision in Missouri v. McNeely (2013), finding that exigent circumstances do not always justify warrantless blood draws in DUIcases. Tennessee law mandates a blood draw under

Evidence introduced in a criminal trial is usually preserved by a transcript of the witness testimony and preservation of exhibits. Using a good court reporter is the preferred and most reliable way of recording the witness testimony. However, if no court reporter is present to create a transcript of the testimony, it is still possible

Evidence obtained as a result of an unlawful arrest is generally not admissible at trial. If evidence was obtained as a result of a defendant’s arrest, and there is reason to challenge the legality of that arrest, this is an issue which should be determined by the trial court before the trial of the case.

In a criminal trial with conflicting evidence, it is the role of the jury to resolve the evidentiary conflicts and arrive at a conclusion as to guilt or acquittal. On appeal, appellate courts do not consider whether they agree or disagree with the jury’s resolution of conflicting facts and evidence. Appellate courts review to determine

Sufficiency of the evidence of a criminal conviction can be and often is reviewed on direct appeal of that conviction. However, the appellate court does not reevaluate what facts should have been believed or rejected by a jury. It is the function of the jury to make factual determinations from the evidence presented. An appellate

Evidence obtained from a warrantless search is generally not admissible against a defendant in a criminal case unless one of the exceptions to the warrant requirement applies. Among those exceptions are a search incident to arrest, a search performed with consent, exigent circumstances, a brief ‘stop and frisk’ supported by reasonable suspicion, and evidence in

In a criminal trial, testimonial evidence from witnesses is presented by the witness’ live testimony at trial, subject to cross-examination by the opposing party. Generally, a prior (out of court) statement of a witness consistent with the witness testimony is not admissible to bolster the credibility of the testimony. There are exceptions to this rule

The State has a duty to preserve evidence in its possession in a criminal case. When it fails to do so, consequences can range from simply a corrective jury instruction, to exclusion of some of the remaining evidence, or even dismissal of the criminal charges. In the recent case of State v. Merriman, M2011-01682-CCA-R3-CD (Tenn.Crim.App 2-17-2012), the Tennessee Court

Tennessee law recognizes a clergy-penitent privilege, which protects the legal confidentiality (so that it cannot be used as evidence at trial) of some statements made to members of the clergy when seeking spiritual advice or counsel. However, this privilege does not apply when dealing with incidents of child sexual abuse. Nor does any other communication privilege,